Lawyers fired again in Wheeler case

Mother balks at settlement, seeks trial in death of NU football player

June 07, 2005|By Todd Lighty, Tribune staff reporter.

The mother of`Northwestern University football player Rashidi Wheeler, who sued the university after her son died during preseason drills in 2001, has fired her lawyers as the case appeared to be moving gingerly toward an out-of-court settlement.

The latest developments added more tumult to the unusually contentious wrongful-death lawsuit and prompted presiding Cook County Judge Kathy Flanagan to appoint a guardian to represent the interests of three minor children in the case--Wheeler's three half-brothers--who also are plaintiffs in the case.

Linda Will said she did not take lightly at this critical juncture firing the law firm of Cochran and Montgomery, something she has now done three times since she first sued.

Will said her lawyers and her ex-husband want to settle with the university, and she wants the case to go to trial.

"I am being undermined in seeking justice for Rashidi," Will said. "Everyone wants to settle but me. I am at this point not willing to settle and wish to pursue my case and have it litigated."

Will said the death of celebrity lawyer Johnnie Cochran Jr. in March was a "terrible blow" to her case.

Before his death, Will said, Cochran had discussions with Northwestern officials and indicated the university was willing to pay at least $25 million--a statement disputed by the university.

Lawyers involved in the case declined to discuss the status of any settlement talks, saying they were barred from doing so.

Alan Cubbage, spokesman for Northwestern, said Will's assertion the university offered $25 million was inaccurate.

Wheeler, an asthmatic, collapsed and died while running a rigorous preseason conditioning drill with teammates on Aug. 3, 2001.

His parents sued soon thereafter, claiming the university ran an illegal practice, misdiagnosed their son's asthma attack as hyperventilating and failed to get proper medical attention.

The Cook County medical examiner determined Wheeler died of exercise-induced asthma.

The university, however, disputes the medical examiner's conclusion, arguing Wheeler ingested two different types of energy products containing the stimulant ephedra, and that the ephedra triggered an irregular heartbeat that killed him.

The university, in turn, has sued the makers and distributors of the supplements.

Will, who lives in Ontario, Calif., traveled to Chicago for a scheduled pretrial court hearing Monday at the Daley Center.

During the hearing, lawyer James Montgomery informed Flanagan of the latest developments. "Mrs. Will has terminated our services," he said.

Montgomery did not elaborate further in court and did not return messages seeking comment.

After Montgomery's announcement, Thomas Demetrio, the lawyer for Will's ex-husband, George Wheeler, asked Flanagan for a closed-door meeting in order to update her regarding attempts by everyone to settle the case.

Flanagan met for more than an hour with Will, with Will's former lawyers and with Demetrio and his associate.

Lawyers for Northwestern and for the supplement companies were excluded from the meeting.

Flanagan then issued a gag order, barring anyone from disclosing "any statements, comments, opinions, or any communications of any kind which took place" during the closed meeting. In open court, Flanagan halted further court proceedings in the case and gave Will 30 days to hire new lawyers.

The judge also said she was appointing a guardian ad litem, a lawyer to represent the three children's financial interests in Rashidi Wheeler's estate.

The guardian would assess the posture of the case, to determine what is in the best interest of the children and report back to Flanagan.

Will, who is co-administrator of her son's estate with George Wheeler, said her ex-husband through his lawyer, Demetrio, was trying to orchestrate an out-of-court settlement.

"He is allowing Northwestern to dictate what they are willing to pay," she said. "All he wants is money. He wants a settlement and is forcing that issue."

Demetrio said that George Wheeler has represented the best interests of the estate. "He is fulfilling his role and he has done so in a responsible manner," Demetrio said.

Will also said there has been no discussion about her other demands for settlement: that coaching and athletic staff allegedly responsible for her son's death be fired; that a permanent memorial be established on campus to honor him; and that the university issue a public letter of apology.

"I will fight everyone until my last breath on behalf of Rashidi," she said. "I have to find someone who shares my vision."